- 1 - HC-KAR NC: 2026:KHC:14011 WP NO.369 OF 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.369 OF 2017 (CS-RES) BETWEEN: SHIVAMOGGA DISTRICT CO-OPERATIVE UNION LTD., VINOB NAGAR, SHIVAMOGGA - 577 204. REP. BY ITS CHIEF EXECUTIVE OFFICER, SRI. NAGARAJ S/O BASAVARAJAPPA, AGED ABOUT 38 YEARS. …PETITIONER (BY SRI. CHANDRASHEKAR P. PATIL, ADVOCATE) AND: 1. THE JOINT REGISTRAR OF CO -PERATIVE SOCIETIES, CHAMARAJPET, BENGALURU DIVISION, BENGALURU - 560 018. 2. H. SRINIVAS S/O H.R. SUBBA RAO, AGED ABOUT 79 YEARS, OCC: AGRICULTURE, R/AT HOSBLE, SORABA TALUK, SHIVAMOGGA DISTRICT - 577 204. 3. SRI. M.G. KRISHNA MURTHY S/O GANESH BHAT, AGED ABOUT 71 YEARS, OCC: AGRICULTURE, R/AT KARIKIKUPPE VILLAGE, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14011 WP NO.369 OF 2017 SAGAR TALUK, SHIVAMOGGA DISTRICT - 577 204. 4. C.S. CHANDRA BHOOPAL EX-CHAIRMAN, SHIVAMOGGA DISTRICT CO-OPERATIVE UNION LTD., 1ST FLOOR, DARGA COMPLEX, TILAK NAGAR, SHIVAMOGGA CITY - 577 204. 5. SRI. M.UMESH DIRECTOR, SHIVAMOGGA DISTRICT CO-OPERATIVE UNION LTD., SINCE DECEASED, BY LRS, SMT. JAYASHRI W/O M. UMESH, BILAGADU VILLAGE, HEBBANDI POST, HONNESARA MARG, SAGAR TALUK, SHIVAMOGGA DISTRICT - 577 204. 6. R. VENKATESH DIRECTOR, SHIVAMOGGA DISTRICT CO-OPERATIVE UNION LTD., KUMBRI NARAYANA PURA, TALLIKATTE POST, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 204. 7. 7(a). H. SHIVAPPA EX-CHAIRMAN, SHIVAMOGGA DISTRICT CO-OPERATIVE UNION LTD., SINCE DEDEASED, BY LRS, SMT. T.P. SAROJAMMA, W/O H. SHIVAPPA, AGE: MAJOR. 7(b). KUM. SHILPA D/O H. SHIVAPPA, AGE: MAJOR. - 3 - HC-KAR NC: 2026:KHC:14011 WP NO.369 OF 2017 7(c). DEEP S/O H. SHIVAPPA, AGE: MAJOR. 7(d). SAMPATH KUMAR S/O H. SHIVAPPA, AGE: MAJOR, RESPONDENTS NO.7(a) TO 7(d) ARE R/O GAMA VILLAGE, GAMA POST, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - 577 204. 8. B. SOMASEKHARAPPA EX-DIRECTOR, SHIVAMOGGA DISTRICT CO-OPERATIVE UNION LTD., R/O HONNEBAGI VILLAGE, RAJGONDANAHALLI POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. 9. T.S. MANJUNATH EX-DIRECTOR, SHIVAMOGGA DISTRICT CO-OPERATIVE UNION LTD., TALLIKATTE POST, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 204. …RESPONDENTS (BY SRI. K. KENCHEGOWDA, AGA FOR R1; SRI. S.V. PRAKASH, ADVOCATE FOR R3; R7(a) TO R7(d) AND R9 - SERVED; V/O DATED 20.11.2017, NOTICE TO R6 AND R8 IS HELD SUFFICIENT; V/O DATED 22.12.2021, NOTICE TO R4 AND R5 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 25TH AUGUST, 2015 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO.398/2011 (CS) VIDE ANNEXURE-H. - 4 - HC-KAR NC: 2026:KHC:14011 WP NO.369 OF 2017 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is challenging the Order dated 25th August, 2015 (Annexure-H) passed by the Karnataka Appellate Tribunal, Bengaluru in Appeal No.398/2011 (CS). 2. Heard Sri. Chandrashekar P. Patil, learned counsel appearing for the petitioner; Sri. K. Kenchegowda, learned Additional Government Advocate appearing for the respondent No.1; Sri. S.V. Prakash, learned counsel appearing for the respondent No.3. 3. Sri. Chandrashekar P. Patil, learned counsel appearing for the petitioner argued that the impugned order dated 25th August, 2015 (Annexure-H) passed by the Karnataka Appellate Tribunal in Appeal No.398/2011 (CS) is not sustainable under law, since, no material has been placed to purchase the Car when the petitioner-Society is under loss. It is also submitted by learned counsel appearing for the petitioner that, Section 69 of the Karnataka Co-operative - 5 - HC-KAR NC: 2026:KHC:14011 WP NO.369 OF 2017 Societies Act, 1959 (for short, hereinafter referred to as 'KCS Act') is not attracted to the respondents 2 to 9 so as to pass surcharge order. Accordingly, sought for interference of this Court. 4. Per contra, Sri. K. Kenchegowda, learned Additional Government Advocate appearing for the respondent No.1 submits that, the only ground urged by the petitioner is the purchase of the Car, is for the benefit of the petitioner-Society. Accordingly, he submits that the impugned order passed by the Karnataka Appellate Tribunal requires to be confirmed. 5. Having taken note of the submission made by learned counsel appearing for the parties, I have carefully considered the reasons assigned by the Karnataka Appellate Tribunal in the impugned order particularly at paragraph 18, which makes it clear that the petitioner herein and other Directors have passed the resolution to purchase a Car for the benefit of the petitioner-Society. In that view of the matter, taking into consideration the scope and ambit of Section 69 of the KCS Act and also by looking into the requirement of ingredients to invoke Section 69 of the KCS Act, I am of the - 6 - HC-KAR NC: 2026:KHC:14011 WP NO.369 OF 2017 view that the impugned order dated 25th August, 2015 (Annexure-H) passed by the Karnataka Appellate Tribunal, Bengaluru in Appeal No.398/2011 (CS) is just and proper, which does not call for interference. Accordingly, writ petition is dismissed. All pending applications stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 7